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Case T-533/23: Action brought on 29 August 2023 — ChiCom Marketing v EUIPO — China Faw Group (Hongqi)
ECLI:EU:UNKNOWN:62023TN0533
62023TN0533
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Official Journal of the European Union
EN
Series C
C/2023/144
16.10.2023
(Case T-533/23)
(C/2023/144)
Language in which the application was lodged: German
Parties
Applicant: ChiCom Marketing GmbH (Munich, Germany) (represented by: H. Asam, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: China Faw Group Co. Ltd (Changchun, China)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: EU word mark Hongqi — EU trade mark No 17 966 582
Proceedings before EUIPO: Cancellation proceedings
Contested decision: Decision of the Second Board of Appeal of EUIPO of 12 June 2023 in Case R 863/2022-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision in so far as the applicant’s appeal of 18 May 2022 against the decision of the Cancellation Division of EUIPO of 25 March 2022 in invalidity proceedings No 48 307 C (EU trade mark No 17 9665 82) was dismissed;
—annul the decision of the Cancellation Division of EUIPO of 25 March 2022 in proceedings No 48 307 C (EU trade mark No 17 966 582), in so far as that decision has not already been annulled by the contested decision;
—dismiss the application of the other party to the proceedings, China Faw Group Co. Ltd, for a declaration of invalidity of EU trade mark No 17 966 582.
Plea in law
—Infringement of Article 59(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.
ELI: http://data.europa.eu/eli/C/2023/144/oj
ISSN 1977-091X (electronic edition)